I have recently been contacted by a migrant domestic worker (MDW) who was in police custody for breach of her employment contract, so I wanted to warn other MDWs about the consequences of doing this.

Endah (not her real name) was offered a fake employer – but a genuine employment contract – by an employment agency in return for HKD 35,000 (some charge up to HKD 55,000!), for which she had to pay half upfront, and the rest after she found employment.

The reason for the fake employer was so that she could be illegally employed as a dishwasher at a restaurant that paid much more than the minimum allowable wage here in Hong Kong. She worked in that same restaurant for 8 years and paid the agency every time she had to renew her falsified contract. 

One day, the police conducted a random check on all the employees in the restaurant and found out that Endah was on a MDW visa. She was immediately detained and brought to the precinct, where she was allowed to contact me.

Endah is currently out on bail and is awaiting trial. If convicted, she could face a maximum fine of HKD 50,000 and up to 2 years’ imprisonment, before being deported back to Indonesia.

I have heard many stories like Endah’s and have helped them get through the hoops after being caught. On the other hand, the employment agencies that offer these agreements to vulnerable migrants often get away with it; they plead ignorance, telling the authorities they were in no way involved in the falsification of the employment contract, and claim they had no knowledge that the employer who signed the contract had no intention of actually employing the MDW.

There are also many fellow Indonesians I have assisted who have just skipped out on their employers, but continued to stay in Hong Kong, despite not having a valid visa anymore. Most of them are preyed upon and taken in by organised crime groups, where these women who have overstayed their visas are left with no other option for employment but engaging in illegal activities, such as selling drugs, or even prostitution. I have helped many of these ladies with food, coffee packets, and other essentials after convincing them to surrender to the authorities, in turn helping them get back to Indonesia safely.

So, if you are being enticed by someone you know, or by your friends, to overstay or use the services of unscrupulous agencies in order to obtain fake contracts, please report them to the authorities right away. We can prevent crime and illegal activities together.